Dáil debates

Tuesday, 6 March 2007

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages

 

10:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)

I overheard the debate on this interesting subject, which is similar to a matter on which I have corresponded previously with the Tánaiste by way of parliamentary question and it should not surprise him. As the law stands in respect of minors and their protection from predators, I can testify there is virtually no protection. My experience in this regard suggests the amendment under discussion would leave parents asking who will look after the interests of the child in the case of an adult male predator, for want of a better description. The agencies to which one has recourse are the Garda, the health services and, in the case of a schoolchild, the National Educational Welfare Board. In the case to which I refer, all three were approached and nothing happened despite repeated parliamentary questions and repeated raising of the issue.

It was not that no one knew of the circumstances but that clearly no one wished to respond despite the fact that the child was 17 years of age and in some quarters might be deemed to be sufficiently adult to be able to give consent. However, parents' views must also be taken into account. The mother of the child in the case in question was rendered distraught by the suggestion that an adult male predator was able to take control, encourage the child away from home and win. Moreover, despite their best efforts, the parents failed to elicit a response from any agency. This is extraordinary and the Tánaiste should investigate the circumstances because I tabled questions subsequently.

Ultimately, the parents took a civil action, went to court and won. However, the other side received free legal aid. There are extraordinary anomalies in this regard and as legislators, Members must come down hard on the side of the child and the parents, when the latter are of the opinion that something is wrong and are interested in their child's welfare. While I have listened carefully to this debate, this has not been done thus far. This matter is extremely serious and is so viewed by the parents of young people outside the House.

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